Pam Bondi Attorney General Ethics Complaint

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D TE FILEDEFORE THESTATE OF FLORIDA APR 30 2 14COMMISSION ON ETHICSCOMMISSION ON ETHICS

i re PAMELA JO BONDI, Complaint No. 14-034Respondent.----------

PUBLIC REPORT AND ORDER DISMISSING COMPLAINT

On Friday, April 25, 2014, the Comnlission on Ethics met in executive session andconsidered this complaint for legal sufficiency pursuant to Commission Rule 34-5.002, F.A.C.The Commission's review was limited to questions of jurisdiction of the Commission and of theadequacy of the details of the complaint to allege a violation of the Code of Ethics for PublicOfficers and Employees. No factual investigation preceded the review, and therefore theCommission's conclusions do not reflect on the accuracy of the allegations of the complaint.

The Commission voted to dismiss the complaint for lack of legal sufficiency, based onthe following analysis:

1 This complaint was filed by Neil J Gillespie of Ocala, 'Florida.2 The Respondent, Pamela Jo Bondi, serves as Attorney General for the State of

Florida.3 The complaint alleges that the Respondent misused her public position in

violation of Section 112.313(6), Florida Statutes, by delaying an execution of an inmate so thatshe could attend a campaign fundraising event benefiting herself and her reelection campaign.

4 Section 112.313(6), Florida Statutes, states:MISUSE OF PUBLIC POSITION.--No public officer, employee of anagency, or local government attorney shall corruptly use or attempt to use his or


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her official position or any property or resource 'which may be within his or hertrust, or perform his or her official duties, to secure a special privilege, benefit, orexemption for himself, herself, o r others.

Pursuant to Section 112.312(9), Florida Statutes, "corruptly" is defined as. . . done with a wrongful intent and for the purpose 'of obtaining, orcompensating or receiving compensation for, any benefit resulting from some act

or omission of a public servant which is inconsistent with the proper performanceofhis or her public duties.

In order to indicate a possible violation of the statute, a complaint must allege, in a factual,substantive, nonconclusory manner, that a respondent engaged in conduct in her public capacitywhich was inconsistent with the proper performance of the respondent's public duties, that therespondent knew her conduct was wrong, and that the respondent engaged in the conduct inorder to further a special privilege, benefit, or exemption for herself or another. Blackburn v.State, Commission on Ethics, 589 So. d 431 (Fla. 1st DCA 1991).

5. The materials included with the complaint reflect that the Respondent asked theGovernor to postpone the execution, without giving a reason. There appears to be no statute,court rule, or other specific governing standard that would preclude the Respondent from makingsuch a request. In such a situation, the Respondent would not have been on notice, underBlackburn, that the request was inconsistent with the proper performance of her public duty andwrongful, even if the rescheduling furthered a private capacity (e.g., campaign) benefit for theRespondent. Thus, the complaint is legally insufficient to state possible violation of Section112.313(6), Florida Statutes.

Accordingly, this complaint is hereby dismissed for failure to constitute a legallysufficient complaint with the issuance of this public report.

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ORDERED by the State of Florida Commission on Ethics meeting in executive sessionon April 25, 2014.

~ ~ ORG N R. BENTLEY

Chair Florida Commission o EthicsMRB/bdcc: The Honorable Pamela Jo Bondi, RespondentMr. NeilJ. Gillespie, Complainant

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Morgan R. Bentleyhair

Linda McKee RobisonVice Chair

Michelle AnchorsMatthew F. CarlucciI. Martin FordTom FreemanSusan Horovitz MaurerStanley M. Weston

State of FloridaCOMMISSION ON ETHICSP.O. Drawer 15709Tallahassee, Florida 32317-5709325 John Knox RoadBuilding E, Suite 200Tallahassee, Florida 32303

A Public Office is a Public TrustFebruary 26, 2014

Virlindia DossExecutive Director

C. Christopher Anderson, IIIGeneral CounseV

Deputy Executive Director(850) 488-7864 Phone(850) 488-3077 (FAX)www.ethics.state.f1.us

CERTIFIED MAILRETURN RECEIPT REQUESTEDThe Honorable Pamela Jo BondiOffice of the Attorney General onfidenti lL-O 1 The CapitolTallahassee, FL 32399-1050

RE: Complaint No. 14-034, In re PAMELA JO BONDIDear Attorney General Bondi:The above-captioned complaint, recently received in the office of the Commission on Ethics, isbeing transmitted to you pursuant to the requirements of Section 112.324, Florida Statutes. Thisoffice will forward all future correspondence in this matter to you at the above-listed mailingaddress unless otherwise notified of a change in your address. This transmittal is a routineadministrative requirement which should not be construed as an approval, disapproval, orjudgment of the complaint, either as to its terminology or merits.Please note that this complaint, as well as all of the Commission's proceedings and recordsrelating to the complaint, remain confidential either until you make a written request to theCommission that such records be made public or until the complaint reaches a stage in theCommission's proceedings where it becomes public. Unless we receive a written waiver ofconfidentiality from you, our office is not free to release any documents or to comment on thiscomplaint to members of the public or the press, so long as the complaint remains in aconfidential stage. The Commission's procedures on confidentiality do not govern the actions ofthe complainant or the respondent.The following information is submitted to aid you in understanding the review that a complaintmay go through under the Commission's rules. The first stage in our complaint process is adetermination of whether the allegations of the complaint are legally sufficient, that is, whetherthey indicate a possible violation of any law over which the Commission has jurisdiction. If thecomplaint is found not to be legally sufficient, the Commission will order that the complaint bedisnlissed without investigation and all records relating to the complaint will become public atthat time.


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PAMELA JO BONDIPage 2February 26, 2014If the complaint is legally sufficient but pertains solely to allegations of errors or omissions infinancial disclosure forms, a determination will be made as to whether the error(s) oromissions(s) are significant to investigate. If the error(s) or omissions(s) are determined to beminor or inconsequential, you will be so notified and will be given 30 days in which to correctthe error(s) or omission(s). If the correction is made, the complaint will be dismissed. Ifnocorrection is made, the complaint will advance to the next step in the process.If the complaint is found to be legally sufficient, a preliminary investigation will be undertakenby the investigative staffof the Commission. The next stage of the Commission's proceedingsinvolves the preliminary investigation of the complaint and a decision by the Commission ofwhether there is probable cause to believe that there has been a violation of any of the ethicslaws. If the complaint is investigated, you and the complainant will be given an opportunity tospeak with the investigator. You also will be sent a copy of our investigative report prior to anyaction by the Commission and will be given the opportunity to respond to the report in writing.If the Commission finds that there is no probable cause to believe that there has been a violationof the ethics laws, the complaint will be dismissed and will become public at that time.If the Commission finds that there is probable cause to believe there has been a violation of theethics laws, the complaint becomes public and enters the last stage ofproceedings, whichrequires that the Commission decide whether the law actually was violated and, if so, whether apenalty should be recommended. t this stage, you have the right to request a public hearing(trial) at which evidence would be presented, or the Commission may order that such a hearingbe held. Public hearings usually are held in or near the area where the alleged violationoccurred.You are entitled to be represented by legal counsel during our proceedings. Upon writtenrequest, documents and notices regarding the complaint will be provided to your attorney.If you are unfamiliar with the ethics laws and the Commission's responsibilities, I encourage youto access our website at www.ethics.state.fl.us. where you will find publications, rules, and otherinformation. If there are any questions concerning this complaint or the procedures beingfollowed by the Commission, please feel free to contact Ms. Kaye Starling, our ComplaintCoordinator, at (850) 488-7864.Sincerely,j/ /e /V :1 j t .f jb ~ P j ~ ~ Virlindia Doss JExecutive DirectorEnclosurecc: Mr. Neil J Gillespie, Complainant


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STATEOFFLORIDACOMMISSIONONETHICSP.O.DRAWER15709,TALLAHASSEE,FLORIDA 32317-5709COMPLAINT

1. PERSONBRINGINGCOMPLAINT:Name:_N_e_il_J._G_i_lIe_s_p_ie TelephoneNumber:_35_2_ _85_4_ _78_0_7 _Address:8092 SW 115th LoopC1y: Ocala Coun ty: Marion _ Z Ip C d0 34481 _:

2. PERSONAGAINSTWHOMCOMPLAINT IS BROUGHT: Currentor formerpublicofficer,publicemployee,candidate,or lobbyist- pleaseuseonecomplaintform foreachpersonyouwish to complainagainst:

Pamela Jo Bondi, Attorney General of Florida T I h N b 850-414-3300Narne: eep one urn er: _The Capitol PL-01, Office of the Attorney GeneralAddress: _

C1y: Tallahassee County:Leon _ C d 32399-1050Ip 0 e: _Ti tIeof officeorpositionheldorsought:_A_tto_r_n_eY_G_e_n_er_a_1_of_F_lo_r_id_a _

3. STATEMENT OF FACTS:Please explain your complaint fully, either on the reverse side of this form or on additional sheets,providingadetaileddescriptionof thefacts and theactions of thepersonnamed above. Includerelevantdatesand the names andaddresses ofpersons whomyou believe maybewitnesses. If you believe thataparticularprovisionofArticle II, Section 8, FloridaConstitution (theSunshineAmendment)orofPartIII, Chapter 112, Florida Statutes (the Code of Ethics for Public Officers and Employees) has beenviolated,pleasestatethespecificsection(s). Pleasedonotattachcopies oflengthydocuments;if theyarerelevant,yourdescriptionofthemwillsuffice. Also,pleasedonotsubmitvideotapesoraudiotapes.

4. OATH STATEOFFLORIDACOUNTYOF H\A-r;OnSwornto (oraffirmed)andsubscribedbeforeme

I, the person bringing this complaint, do this ~ I sr dayof Fe I : ,rAA-r (depose on oath or affirmation and say that 20 It. by Na; G (( e-sp; ethefacts setforthin theforegoingcomplaint (nameof personmakingstatement)andattachments theretoaretrueandcorrect Signatureof NotaryPublic- Stateof Florida)tothebestof myknowledgeandbelief. CECIL A O S E N B E R G E R

(Print,Ty :*. : ~ i l ~ ~ m e of otaryPublic)Bar*tThrunarFain.:..... 701I :,Rr..

PersonallyKnown__ OR ProducedIdentification__Typeof IdentificationProduced:

CE FORM50-EFF.4/2008


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VIA UPS No. 1Z64589FP294746085 February 22, 2014Virlindia A Doss, Executive DirectorFlorida Commission on Ethics325 John Knox RoadBuilding E, Suite 200Tallahassee, FL 32303Dear Ms. Doss:Please find enclosed a sworn complaint for Misuse of Public Position, F.S. 112.313(6), againstFlorida Attorney General Pam Bondi (AG Bondi) for delaying the September 10 2013 executionof Marshall Lee Gore to attend her campaign fund-raiser to benefit her campaign and herself.The Attorney General of Florida is an elected cabinet official of the Executive Branch whoserves as the chief legal officer of the State of Florida, a position of public trust created by theFlorida Constitution, Art. IV, 4(b), authorized by F.S. 16.01 et seq.The current Attorney General of Florida is Pan1ela Jo Bondi who took office on January 4 2011and swore to "support, protect, and defend the Constitution and Government of the United Statesand of the State of Florida" [Fla. Const. Art II 5(b)], and is by virtue of that position of trust anofficer and employee of state government, responsible for lawfully performing and dischargingher duties without bias, favoritism, extortion, improper influence, personal self enrichment, selfdealing, concealment, or conflict of interest. Her term will expire on January 6 2015. The Florida Attorney General is the public officer responsible for conducting state

executions of persons in Florida sentenced to death under F.S. 421.141 775.082. Marshall Lee Gore was a convicted murderer sentenced to death. Gore's execution was setfor September 10, 2013, and required the presence of the Attorney General in Starke, FL. AG Bondi was bound by her Oath of Office to execute Marshall Lee Gore on September 10,2013 at the Florida State Prison in Starke, FL. AG Bondi failed to execute Gore on that day. AG Bondi corruptly delayed Gore' s execution for her own personal benefit, to attend a

campaign fund-raiser at her home in Tampa benefiting her reelection campaign and herself.A story September 9, 2013 in the Tampa Bay Times by Adam C. Smith, "Execution rescheduledto accon1modate Pam Bondi Fundraiser" reported the matter, and accompanies this complaint.


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Monday, September 9, 2013 7:21pm

There is no graver responsibility and act of

state government than an execution.

In Florida this week, a campaign fundraiser

takes precedence.

Attorney General Pam Bondi persuaded Gov.Rick Scott to postpone an execution scheduled

for tonight because it conflicted with her

re-election kick-off reception.

"What's going on down there? It's ridiculous,"

said Phyllis Novick, the Ohio mother of one of

Marshall Lee Gore's victims, when told Monday

about the reason for the delay.

Gore, 50, raped, strangled and stabbed

30-year-old Robyn Novick in 1988 before

dumping her body into a Miami-Dade County

trash heap. Gore was also sentenced to die for

the slaying of 19-year-old Susan Roark, whose

body was found a few months later in Columbia

County.

Gore was initially scheduled for execution in

June, but the date was twice delayed because of legal skirmishes over Gore's sanity.

After Scott last month rescheduled the execution for Sept. 10, the date of Bondi's "hometown campaign kickoff" at

her South Tampa home, Bondi's office asked that it be postponed. The new date is Oct. 1.

Scott said Monday that he did not know the reason for the request, and he declined to answer when asked whether he

considers a campaign fundraiser an appropriate reason to reschedule an execution.

"When another Cabinet officer asks for something, we try to work with them," Scott said.

On Monday, Bondi responded to questions with a statement saying she had made a mistake.

"As a prosecutor, there was nothing more important than seeing justice done, especially when it came to the

unconscionable act of murder. I personally put two people on death row and, as Attorney General, have already

participated in eight executions since I took office, a role I take very seriously," Bondi said.

"The planned execution of Marshall Lee Gore had already been stayed twice by the courts, and we absolutely should

Adam C. Sm ith, Tim es Pol it ical Edi tor

http://www.tampabay.com/news/politics/national/execution-rescheduled-to-accommodate-pam-bondi-fundraiser/


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not have requested that the date of the execution be moved," said Bondi, who has long championed victims' rights.

Shortly before a scheduled execution, the Florida attorney general typically phones the governor to inform him there

is no legal basis for delay. Since Bondi and Scott began their first terms in 2011, eight executions have been carried

out.

Gore's attorney, Ted Scher, said he had asked the governor's office for more information about why the execution

was postponed, but the governor's staff would say only that it was at the request of the attorney general. That it

turned out to be because of a campaign event came as a surprise.

"It's very unusual," Scher said. "It's particularly unusual given the attorney general's position in these cases that all

we (defense lawyers) do is delay these executions," Scher said.

Bondi is fighting legal challenges to the 2013 "Timely Justice Act" aimed at speeding up executions in Florida.

"Wherever one stands on the death penalty, there isn't anyone in America that believes an execution should be

postponed for political fundraising," said David Donnelly, executive director of Public Campaign Action Fund. "That

Pam Bondi requested a delay in this execution shows how the nonstop chase for campaign cash has hollowed out the

morality of our political system. Her moral compass is broken."

The delay keeps Gore on death row an extra 21 days at a cost that the Department of Corrections estimates at about

$1,000.

The Republican attorney general faces no serious challenger so far, and organizers expect her campaign kick-off

event to attract 100 to 200 people. Among those hosting the event: Tampa Mayor Bob Buckhorn, a Democrat; House

Speaker Will Weatherford, R-Wesley Chapel; and state Sens. Jack Latvala, R-Clearwater, Bill Galvano, R-

Bradenton, Tom Lee, R-Brandon, Wilton Simpson, R- Trilby, and Jeff Brandes, R-St. Petersburg.

The governor won't be there because he made other plans once the execution dropped off his Tuesday schedule.

He will be at a reception in Broward County raising money for his re-election campaign.

Times/Herald staff writers Steve Bousquet and Mary Ellen Klas, Times researcher Caryn Bairdand the News

Service of Florida contributed to this report. Contact Adam C. Smith at [email protected].

Execution rescheduled to accommodate Pam Bondi fundraiser 09/09/13

2013 Tampa Bay Times

http://www.tampabay.com/news/politics/national/execution-rescheduled-to-accommodate-pam-bondi-fundraiser/

Pam Bondi Attorney General Ethics Complaint

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Transcript of Pam Bondi Attorney General Ethics Complaint